What is the scope of interference under Article 227?
Asked by: Lauren Powlowski III | Last update: June 23, 2026Score: 4.1/5 (15 votes)
The scope of interference under Article 227 of the Indian Constitution is narrow, supervisory, and not appellate. High Courts use this power sparingly to ensure subordinate courts/tribunals act within their jurisdiction, correcting only grave injustice, jurisdictional errors, or perverse findings, rather than re-appreciating evidence or correcting mere legal errors.
What is the scope of article 227's supervisory power?
The scope of Article 227 empowers High Courts with vital oversight but demands restraint. It ensures subordinate courts function lawfully without transforming into an appeal forum.
What are the powers of Article 227?
Under Article 227 of the Constitution, the High Court does not issue a writ of certiorari. Article 227 of the Constitution vests the High Courts with a power of superintendence which is to be very sparingly exercised to keep tribunals and courts within the bounds of their authority.
What is the difference between article 226 and article 227?
The power under Article 227 is a power that can be exercised only over courts and tribunals. On the other hand, the power under Article 226 is a power that can be exercised not only over courts and tribunals, but also over other bodies like the Government.
Is a letter patent appeal maintainable against a single judge's order passed under article 227?
A Division Bench of the High Court had held that the order of the Single Judge was passed in exercise of the power of superintendence under Article 227 against which a Letters Patent Appeal was not maintainable.
High Courts Under Article 227 of the Constitution Cannot Re-appreciate Evidence!
What does article 227 entail?
It is intended to ensure that subordinate courts and tribunals act within the bounds of their authority, follow the settled principles of law, and do not suffer from jurisdictional error, perversity, or grave procedural irregularity. In essence, Article 227 is not a tool for routine interference.
What are the penalties for violating Article 227?
A violation of any provision of this section when the amount the employer failed to pay into the fund or funds exceeds five hundred dollars ($500) shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for a period of not more than one year, by a fine of ...
How does Article 227 impact fundamental rights?
Unlike writ jurisdiction, which mainly enforces fundamental rights and legal wrongs, Article 227's power is more administrative and supervisory. It ensures that courts and tribunals act within their jurisdiction, fairness, and judicial discipline.
What is the criminal revision under Article 227?
Chanchani” wherein it was specifically held that when no offence has been proven against an accused person, he may apply to the High Court under Article 227 of the Indian Constitution or section 482 of the CrPC to have the proceeding quashed against them.
How is the power under Article 227 exercised?
Supreme Court Summarises Principles for Exercise of Article 227 Jurisdiction. The Supreme Court has once again reiterated that the power under Article 227 of the Constitution is supervisory in nature and must be exercised with judicial restraint. This jurisdiction is not meant to function as a substitute for an appeal.
Does Article 227 apply to tribunals?
Article 227 grants the High Courts the power of superintendence over all courts and tribunals within their jurisdiction. Historically, this supervisory jurisdiction was intended for tribunals created by statute or exercising sovereign functions.
What is the historical context of Article 227?
The Council of Four's drafts provided the basis for article 227 of the Treaty of Versailles. This article announced the formation of a 'special tribunal' to try the ex-Kaiser once the Netherlands had surrendered him.
Can fir be quashed under article 226?
Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly ...
What are the grounds for rejection of a patent application?
Understanding the grounds for refusal is the first step toward building a “rejection-proof” patent strategy.
- Lack of Novelty (Section 2(1)(j)) ...
- Lack of Inventive Step or Obviousness (Section 2(1)(ja)) ...
- Non-Patentable Subject Matter: The "Section 3" Hurdles. ...
- Lack of Industrial Applicability (Section 2(1)(ac))
Why is Elon Musk against patents?
Elon Musk opposes traditional patents, famously calling them "for the weak" and "landmines" that stifle innovation rather than foster it. He believes patents hinder progress, serve only to protect entrenched incumbent companies, and enrich lawyers. Musk prefers to accelerate industry advancements—particularly in electric vehicles and space exploration—by keeping technology open-source or relying on rapid innovation speed to stay ahead of competitors.
What are the judicial exceptions of a patent?
The judicial exceptions (also called “judicially recognized exceptions” or simply “exceptions”) are subject matter that the courts have found to be outside of, or exceptions to, the four statutory categories of invention, and are limited to abstract ideas, laws of nature and natural phenomena (including products of ...
What does denial code 227 mean?
CO 227 (or PR 227) is a medical billing denial code indicating that "Requested information was not provided or was insufficient/incomplete". This code signifies that the payer requires more data, such as medical records or Coordination of Benefits (COB) information, to process the claim and cannot finalize payment until the missing information is submitted.
What was Stalin's order no. 227?
Stalin's Order No. 227, issued on July 28, 1942, famously known as the "Not a step back!" order, was a drastic measure to halt mass retreats and desertion during the German advance towards Stalingrad. It mandated strict discipline, established penal battalions, and created blocking detachments to shoot panicked troops.
What is Article 227 of TFEU?
Under Articles 24(2) and 227 TFEU, 'any natural or legal person residing or having its registered office in a Member State shall have the right to address, individually or in association with other citizens or persons' 3 a petition of public and private interest to the European Parliament on issues concerning them ...
What is Section 227 giving false evidence?
Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.
What are 5 reasons for termination?
Common reasons for employee termination include poor performance, misconduct, attendance issues, policy violations, and restructuring. These "for-cause" terminations are typically documented to justify the dismissal and avoid wrongful termination claims.
What is the difference between 227 and 239 CrPC?
a) As per section 227 of CrPC Accused can be discharged if there is no sufficient grounds for proceeding against accused. As per section 239 and 245 of CrPC accused can be discharge if Magistrate considers the charge against the accused to be groundless.
What is Section 227 of the Criminal Code?
Conspiracy to defile. Any person who conspires with another to induce any woman or girl, by means of any false pretence or other fraudulent means, to permit any man to have unlawful carnal knowledge of her, is guilty of a felony, and is liable to imprisonment for three years.
How does the 5th Amendment apply to fundamental rights?
The Fifth Amendment protects fundamental rights against federal infringement through the Due Process Clause, which forbids depriving individuals of "life, liberty, or property, without due process of law". It ensures fair procedures (procedural due process) and protects essential rights deeply rooted in history (substantive due process).
What is the landmark judgement mentioned by the Supreme Court?
Brown v. Board of Education (1954) is widely considered one of the most significant landmark judgments by the U.S. Supreme Court, as it declared state laws establishing separate public schools for Black and white students unconstitutional. This ruling overturned the "separate but equal" doctrine from Plessy v. Ferguson (1896), fundamentally advancing civil rights.